Sinclair's Division Court Law 1886: Containing a Full Annotation of the Division Courts Amendment Act of 1886, Together with the Introduction of Several Late Statutes that Will be Found of General Interest and the Subject of Frequent Reference, and a Large Number of Questions and Answers on Several Items of the Table of Fees for Clerks and Bailiffs of Division Court

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Canadian Institute for Historical Microreproductions, 1886 - Common law - 152 pages

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Page 93 - ... and if served by post shall be deemed to have been served at the time when the letter containing the same would have been delivered in the ordinary course of post...
Page 90 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any person entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer nor engaged in his work.
Page 93 - The notice may also be served by post by a registered letter addressed to the person on whom it is to be served at his last known place of residence or place of business; and, if served by post shall be deemed to have been served at the time when...
Page 89 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Page 88 - ... partnership or corporation from engaging, under contract or agreement, skilled workmen in foreign countries to perform labor in the United States in or upon any new industry not at present established...
Page 99 - AB, his heirs and assigns, into, and upon the said demised premises, or any part thereof in the name of the whole, wholly to re-enter, and the same to have again...
Page 91 - Under sub-section one of section one, unless the defect therein mentioned arose from, or had not been discovered or remedied owing to the negligence of the employer, or of some person in the service of the employer, and entrusted by him with the duty of seeing that the ways, works, machinery, or plant were in proper condition.
Page 93 - A notice under this section shall not be deemed invalid by reason of any defect or inaccuracy therein, unless the judge who tries the action arising from the injury mentioned in the notice shall be of opinion that the defendant in the action is prejudiced in his defense by such defect or inaccuracy, and that the defect or inaccuracy was for the purpose of misleading.
Page 84 - ... such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act and of the provision or enactment according to the true intent, meaning and spirit thereof ; 3.
Page 92 - ... notice that injury has been sustained is given within six weeks and the action is commenced within six months from the occurrence of the accident causing the injury, or, in case of death, within twelve months from the time of death : Provided always, that in case of death the want of such notice shall be íno bar to the maintenance of such action if the judge shall be of opinion that there was reasonable excuse for such want of notice.

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